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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On October 11, 2012, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Gwangju District Court on December 1, 2012, and the judgment became final and conclusive on December 22, 2012.
From January 17, 2012 to February 17, 2012, the Defendant was the representative director of the D limited company of the agricultural company in the Jeon-Nam-gun, Seoul Special Metropolitan City, and the household amounting to KRW 6.477,00 is not paid due to the lack of operating funds of the company on February 2, 2012, and employees’ monthly pay or corporate tax has been in arrears for a long time. On May 2, 2012, even if the Defendant was supplied with ducks from the victim E as of May 2, 2012, the Defendant would obtain the selling funds to the customer more advanced than the supply price. If necessary, the Defendant was thought to have delivered the bill to the victim by temporary means, and thus there was no intention or ability to pay the original money properly even if the Defendant was supplied with the original money from the victim.
Nevertheless, around May 2, 2012, the Defendant, at the above victim company's office located in Gwangju North-gu, Gwangju, deposited KRW 2.2 million in advance from the victim company's company's production head, "First, the Defendant would pay the original amount of KRW 2.2 million in advance. By supplying the original, the Defendant would pay the original amount in cash within one week after the acceptance, and would make a payment to the other company. Distribution of the original amount of profits would be left." The Defendant determined the price of KRW 5,500 in advance from the victim around May 3, 2012, and received the original amount of KRW 19,272,00 from the victim, from around June 11, 2012 from that time to June 11, 2012, the Defendant supplied the original amount of KRW 6.59,073,900 in advance from the victim's production head, and supplied the original amount to H with the Defendant's payment of real property and the cost of the original capital.
The defendant of "2014 High 31" is to "K Building" owned by JJ Co., Ltd. located in Nam-gu Seoul Metropolitan Government I, in the absence of any other financial resources.